JUDGMENT

Mohan M. Shantanagoudar, J.

This appeal arises out of the judgment dated 18.11.2008 passed by the National Consumer Disputes Redressal Commission ('NCDRC') in Original Petition No. 59 of 2005. Vide the impugned judgment, the NCDRC allowed the consumer complaint filed by the Respondent herein, directing the Appellant to pay Rs. 58,89,400/- to the Respondent, along with interest @ 9% per annum from 01.06.2004 till the date of payment.

2. The brief facts giving rise to this appeal are as follows:

2.1 Respondent herein (Complainant) is a cement manufacturer, having a factory in Nimbahera, District Chittorgarh, Rajasthan. These factory premises included an open coal yard, where a stock of coal that was used in the manufacturing process was stored.

2.2 The Respondent purchased a Standard Fire and Special Perils insurance policy from the Appellant herein for the stock of coal for the period between 20.11.2002 and 19.11.2003. Among other things, the policy covered damage caused by "Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation".

2.3 Due to heavy rains in Nimbahera on 29.08.2003 and 30.08.2003, some of the coal was washed off, and the stock of coal suffered d